Early
in the 20th century, there were great ocean vistas from almost every
hill and ridge in Bonny Doon. The reason: much of the area was clearcut
of the redwoods, oaks and madrones that once covered its hills and
valleys.

Starting early in the 1840s, and accelerated by the rapid growth of San
Francisco as the Gold Rush unfolded, redwoods were cut and milled for
buildings and other uses. The rapidly expanding cement industry was a
death knell for oaks and madrones used to fire the lime kilns, and the
leather industry consumed increasing numbers of tan oaks.

The history of logging and the transition to single-tree selection
harvesting in the Santa Cruz Mountains will be told and shown at the
March 9 RBDA meeting by Bob Berlage, who is the Communications Director
for Big Creek Lumber and has been with the company 33 years.

Bob worked for 21 years as a lumberjack in several western states, which
gave him a broad perspective on forest practices. His presentation, a
look back at Bonny Doon history and today’s timber industry, will be
fascinating for young and old alike.

Developers Undermine Coastal Commission

Development
interests, frustrated by the even-handed leadership of California
Coastal Commission Executive Director Charles Lester in trying to
protect our coast and keep it accessible to all of us, have gotten him
fired.

Despite support from dozens of environmental groups and hundreds of
people at the commission hearing on Feb. 10, the commissioners voted 7
to 5 to oust Dr. Lester. Using the excuse of it being a “personnel
issue,” the commissioners voted behind closed doors to get rid of Dr.
Lester, who has headed the agency for 4 years. Sadly and tellingly, all 4
of Gov. Brown’s appointees voted to fire Dr. Lester.

Talking about his firing in an LA Times interview, Dr. Lester said it
has "touched a nerve about this program that I don't think is fully
appreciated yet. It may be that we are at a watershed moment. Unless the
political system in California recommits to the spirit and intent of
the Coastal Act, it may be a fundamental shift in direction. This is a
powerful land use agency, there's a lot at stake and there are vested
interests that want things done." He said the agency staff has to remain
independent and free from politics to be impartial.

Calling the firing “inexcusable,” Assemblyman Mark Stone wrote
that, “Given the depth of the failure of the Commission to address its
own concerns, and given that this failure clearly results from the
inappropriate influence of lobbyists through activities that constitute a
violation of public disclosure laws in virtually all other California
governing boards…I will introduce legislation to close this loophole.”Cannabis Committee Update

Eric Hoffman of Bonny Doon, the 3rd District representative on the
Supervisors’ Cannabis Choices Cultivation Committee (C4), filed this
report.

Background
The creation of the C4 was a result of failed Santa Cruz County Board of
Supervisors’ policy that began in 2013 with opening up most of the
county to commercial cannabis growing, followed by stopping all growing
due to the proliferation of wildcat grows. This was followed by a
petition drive by commercial cannabis growers that threatened to remove
regulatory authority from the Supervisors and allow the growers to write
their own regulation for their industry.

In response, the Supervisors chose 13 people to create policy
recommendations for the commercial cultivation of cannabis that 1)
ensure patient access to medical marijuana 2) protect rural
neighborhoods and 3) protect the environment. Approximately half of the
committee members represent cannabis interests. I am the only appointee
not involved in the cannabis business who lives rurally, where cannabis
policies will have the most impact on neighborhoods and the environment.
Unfortunately, other neighborhood groups did not get representation on
C4. (Note 3rd District Supervisor Ryan Coonerty was not on the Board
when the 2013 ordinance was passed.)

Accomplishments
In December, after 5 months of 6-hour weekly meetings, lengthy reading
assignments, and many field trips, C4 delivered its work to the Board of
Supervisors, resulting in a new interim ordinance (7.128), which can be
seen on C4’s website, scc4.us. Much of the ordinance content came from
C4 recommendations, but the Supervisors made the final decisions.

Medical marijuana is not in short supply and the committee is working to
ensure that low-income patients’ needs are met. Neither environment nor
neighborhoods have received the full attention of the committee, but
should once subcommittee work is completed by mid-March. Priority has
been given to fulfilling the requirements the 3 new State laws on
cannabis (SB643, AB266 & AB243) which have been combined into the
California Medical Marijuana Regulation and Safety Act. The C4’s
assignment is to address licensing, create an ordinance acceptable to
state requirements, and other matters. Ensuring public safety is
emphasized in the State law.

Ongoing Discussions
Subcommittees have been formed to gather information on essential topics
in the cannabis discussion and make recommendations to the entire C4.
Currently groups are looking at issues regarding indoor grows, the usage
of agricultural land, registration and compliance, and impacts on rural
neighborhoods.

Protecting Neighborhoods
In 2014 our previous supervisor, Neal Coonerty, procured a unanimous
vote of the Supervisors to exclude RA parcels of 5 acres or less from
commercial grows. This exclusion was seen as a way to protect rural
neighborhoods. It has been questioned by members of C4, and growers in
the San Lorenzo Valley. I support the original rule that prohibits
commercial growing on RA parcels that are smaller than 5 acres, but
allows one medicinal grow (not commercial), measuring 10’ x 10’ per
parcel. C4 is working to define rural neighborhoods. The following
motion was adopted by a majority of the C4 committee on Jan. 21 “Our
initial policy proposals for mountain grows will focus on licensing of
existing grows with no new or expanded rural grows for 2 years. New
rural grows will be addressed in 2 years, after the existing grows are
operating under the new system.” This action will allow the committee to
focus on setting up a registration, licensing, and enforcement program
without immediately addressing thorny issues such as expanding grows
into neighborhoods, sensitive environments and threatened species.

Odor
As many in Bonny Doon know, when a cannabis plant flowers it puts off an
odor that many find skunk-like and obnoxious. To date, assessing odor
has been a subjective call, which makes enforcement difficult. To
address this issue we are studying Colorado’s use of Olfactometers to
measure odor intensity, concentration, and duration.

Fire Protection
Joe Christy & Eric Isacson, members of the Fire Safe Councils in
Bonny Doon and Las Cumbres respectively, are part of a recently formed
ad hoc working group that will be recommending fire safety requirements,
including inspections for licensing. They hope to have a finished
recommendation by March.

Protecting the Environment
C4 members understand that cannabis growing in the mountains can have
great impact on the environment, because of tree clearing, grading on
slopes near streams, and heavy use of water, fertilizer, pesticides and
rodenticides. Last year County staff reported 145 known cannabis
cultivation sites, and a statement that “Not one of the sites inspected
by Code Compliance staff has been in compliance with environmental
regulations.”

The model enacted by the Supervisors in 2013 of allowing grows over wide
swaths of the County is contrary to good wildlife habitat management
principles in mountain areas, especially considering recent research
from UC Davis on the wide use of poisons by cannabis growers.
Regulations and licensing need to be formulated to address these
critical issues. Penalties and steadfast enforcement are essential for
success.

Kudos to Bonny Doon
No community has been more active than Bonny Doon in making its position
on cannabis policies clear to C4 and the Board of Supervisors. However,
it is my strong belief that despite the efforts of the RBDA and Bonny
Dooners, who have organized impressive signature drives, many people
living along the North Coast are not aware of the potentially pervasive
impact of this issue. In general, Bonny Doon is pro medical marijuana
but very hesitant to embrace commercial production, especially in
neighborhoods. The reasoning put forth by the RBDA and many others to
limit commercial cannabis to A (Agriculture) and CA (Commercial
Agriculture) is sound and responsible. The impact of legalizing
recreational grows, which will be on the State ballot this year, offers
another reason to limit growing to CA and A zones.

C4 meetings are open to the public. Meeting schedules and content is
available at scc4.us. You can contact me directly at
BDMtn.lion@gmail.com. I urge you to attend and participate. The
Supervisors’ decisions about cannabis cultivation will impact our
community for decades to come. The time to act is now.

RBDA Board Position on Pot Farming

The RBDA Board is grateful for
the hard work Eric Hoffman has invested in the cannabis committee. The
RBDA Board has also made specific and detailed recommendations for
commercial cannabis cultivation, and these are posted on the County web
site at: scc4.us/Portals/20/pdfs/~ .

After we made these
recommendations the Board of Supervisors adopted the current regulations
for commercial cannabis. Like the previous regulations, the new ones
provide stronger protection to District 2 (Aptos, Corralitos, etc.),
where pot can only be grown indoors on parcels larger than 5 acres. In
contrast, commercial cannabis in Bonny Doon can be grown indoors on
smaller parcels, and outdoors on parcels larger than 5 acres. We asked
Supervisor Ryan Coonerty why our neighborhoods and environment have less
protection than District 2. He replied:

“Since being elected to the
Board, I have been working hard with County staff, and community
partners such as the RBDA, to create sensible solutions to the problems
created by unregulated cannabis cultivation. I am working towards a
Countywide solution that protects the environment and neighborhoods.
Protecting the environment and neighborhood integrity in Bonny Doon has
been central in how I have approached rural cannabis cultivation. In
general, I do not favor crafting policy that carves out one region at
the expense of another, nor do I believe it is good policy to have one
set of regulations in one part of the County, and another set of
regulations in another areas. What I am working towards is a realistic,
Countywide solution to a Countywide problem.”

We are working to ensure that the
next generation of regulations (now being developed) gives Bonny Doon
at least the same protection as presently given to District 2. If not we
will ask Supervisor Coonerty to carry through with his goal of uniform
Countywide regulations, and not vote again for regulations that give
weaker protection to Bonny Doon than to District 2.

Judge Throws Out Castle House Permit

The Planning Dept., the Zoning Administrator, 3 out of 5 Planning
Commissioners, and 4 out of 5 County Supervisors apparently didn’t
believe that the words in the Home Occupation Ordinance (HOO) actually
meant what it said.

At every hearing on an application by the Sabankayas to use their dwelling at 4286 Bonny Doon Road, which they call the Castle House, for commercial events,
the RBDA Board and neighbors protested that the words in the HOO mean
exactly what they say and should not be interpreted to allow commercial
events at a home in a residential zone. It finally took a ruling on Feb.
4 from Superior Court Judge Paul Burdick to void the approved permit
based on the “plain English” language in the ordinance.

The
issue was in court because of a suit (the RBDA was not a party to it)
brought by the neighbors’ Attorney Bill Parkin of the law firm
Wittwer/Parkin. In his brief, he argued, and Judge Burdick agreed, that
the County had also erred in not requiring an Environmental Impact
Report, in conformity with the California Environmental Quality Act
(CEQA).

The Sabankayas’ lawyer, Miles Dolinger, argued that since the events
permit is discretionary, the planners had the right to approve it. Judge
Burdick rejected that argument on the grounds that it allowed planners
too much leeway in deciding how to interpret an ordinance’s language.

The judge said the ordinance clearly requires all the noise from home
occupations to be contained on the property, and that all activity be
indoors. The Sabankayas also contended that the wedding staff—gardeners,
photographer, officiant, caterer, waiters, musicians, cleanup crew,
etc.—are all independent contractors. However, the HOO requires that the
home occupation be carried out by the resident him- or herself, plus no
more than 5 employees.

As a result of the court decision the Sabankayas are responsible for the
attorneys’ fees for all sides. Unless they appeal a hearing to decide
the amount of fees is set for March 7.

The County is in the process of adopting a new Home Occupation Ordinance
that specifically disallows its use to justify commercial events in
residential zones. Until the new ordinance goes into effect, no new
applications under the present HOO are allowed. Another planned
ordinance will prohibit event centers on residential properties on less
than 8 acres and in the Coastal Zone, which applies to a sizable part of
Bonny Doon. All residents, of course, are allowed to have private
events in their homes.

Preserved Coastlands Need More Rangers

At the Rio Theater on Feb. 6 world-famous nature photographer Frans
Lanting and his wife and collaborator, Christine Eckstrom, who are
longtime Bonny Doon residents, presented a show on the natural wonders
of the Monterey Bay area, and made the case that there are only 20
rangers to deal with the over 8 million visitors to the area’s many
preserved properties. This is highly insufficient and has contributed to
the lack of stewardship all these properties suffer from. They noted
that the opening of Coast Dairies will only exacerbate that situation,
especially if it becomes a national monument.

The RBDA and the Friends of the North Coast continue to work to try to
delay the national monument designation until more resources are made
available, and trying to get Rep. Anna Eshoo to create an inter-agency
task force of government and private stakeholders to brainstorm and
implement measures to best protect these world-class natural treasures.

We’ve also been trying to get Sempervirens Fund, which spearheads the
drive for monument status for Coast Dairies, to press for the conditions
on which the Board of Supervisors and the Santa Cruz City Council
predicated their support for monument designation. We also met with
Supervisor Ryan Coonerty to ask him to try to get the conditions
included in the Eshoo/Sen. Barbara Boxer bills currently bottled up in
committee, and in any Presidential Proclamation making Coast Dairies a
national monument. Coonerty told us that he feels the conditions are
included “in spirit,” but we think that it is all too easy to skirt
rules that aren’t explicitly stated.

That included requesting that the Dept. of Public Works bring forward a
proposal at the March Board of Supervisors meeting to ban big trucks on
Felton Empire Road and on some other curvy roads in the County. Also, the Supervisors have asked to get Felton Empire Road on the list for Federal funding for fixing the guard rails.

Coonerty told us that the Supervisors have heard complaints regarding Felton EmpireRoad
for some time, but that the issue has become significantly worse due to
mobile apps, such as Google Maps, Waze and MapQuest, providing truck
drivers with directions through these back roads. The Supervisors hope
that by banning large trucks on Felton Empire
they can influence these app providers to provide more appropriate
routes. Large trucks are already banned on several County roads,
including Route 152 (see Santa Cruz County Code 9.50.010).

“We are aware of several accidents and tragedies on Felton Empire Road, and are trying to respond as quickly as possible to make this road safer,” Supervisor Coonerty told us.

To help support this effort the RBDA board has connected to some of the
mapping app vendors to explore ways that they can help notify truck
drivers of the limited maneuverability and risks of Felton EmpireRoad.

Our Beautiful and Wild Ocean Can Be Dangerous

The ocean waves have been spectacular the past few weeks. You can hear
their roar through much of Bonny Doon. Especially in view of the sad
deaths of 2 UCSC students at Bonny Doon Beach, we have to remind
ourselves, our children and our visiting guests of the potential danger
from rogue or sneaker waves, rip tides, sharp rocks and changing
currents.

A few rules to live by:

• Watch for warning flags (and learn what they mean).• Pay close attention to weather bulletins (storm watches/warnings, high surf advisories, etc.).• Don’t turn your back to the
ocean; particularly don’t do “ocean selfies.” • Don’t text while
walking near the ocean or along a cliff.• If the rocks are wet, assume that they got wet by wave action, and
don’t walk there—another wave will be coming along.• Don’t go alone—bring a buddy.• Be prepared with jackets, working phone, water and food.• If you see someone who appears unaware of the dangers, warn them.

In Bonny Doon we respect and enjoy
our amazing ocean. Thanks to Britten Miles, Marine Safety Captain of
the Santa Cruz Fire Department, for the guidance and advice.

RBDA Board Officers for 2016
At the RBDA Annual Meeting on Jan. 13 Dave Rubin, Betsy Firebaugh and
Clay Peters were elected to 2-year terms, and the addition to the Bylaws
required by the RBDA’s new corporate status was approved.

Immediately after the meeting the new Board selected Andy Davidson as
Chairman, replacing Ted Benhari, who didn’t run for re-election. The
other officers remain the same (see list here).
Andy is continuing as the Membership Coordinator until the board can
appoint a new member who might assume this responsibility.

If you are interested in serving Bonny Doon by joining the RBDA Board, please contact us at board@rbda.us.

Support the RBDA - Renew Your Membership: all
1-year memberships expire on January 31st.

Your continued support enables the RBDA Board to work on issues critical
to Bonny Doon, to hold meetings to educate and get feedback regarding
those issues, and to publish The Highlander newsletter.
Some people may not understand that receiving The Highlander in the mail
doesn’t mean you are a current RBDA member. To reach the whole
community we mail The Highlander to all mailboxes in Bonny Doon.
So unless you joined for multiple years, all 1-year RBDA memberships
will expire on Jan. 31, 2016. To continue to support the RBDA, we need
you to renew now for the 2016 year. Details are here.
Dues and donations go mainly to printing and mailing The Highlander, and
rent and insurance for the public meetings at the school.

Ideas
for RBDA Meeting Topics

We are always open to suggestions for interesting
programs and speakers at our bimonthly (except July)
RBDA public meetings.What are you interested in? Local flora and fauna,
gardening, environmental and political issues, Bonny
Doon history or geology, public safety?What were some of your favorite speakers or
presentations at past RBDA meetings?Were there any that you would like us to repeat?Please email us with your ideas and comments at board@rbda.us.

Bonny Doon's
voice in preserving our special quality of
life,
The Highlander is mailed free to Bonny Doon
residents prior to the
RBDA General Meetings, which are usually
held on second Wednesdays of
January, March, May, July, September and
November.
We encourage you to participate.

Send
mail correspondence to the Highlander Editor
at the above address,
or by email, below.